Chia tài sản khi một bên giấu, tẩu tán tài sản (Luật sư Lê Bình Phương phân tích)Dividing Property When One Party Hides or Dissipates Assets (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

When a marital relationship breaks down, it is not uncommon for one party to transfer assets into the name of a relative, withdraw cash from accounts, or sell common property at a low price to a third party — all aimed at having nothing left to divide at divorce. This article analyzes strategies for proving dissipated assets, provisional emergency measures to stop the transfers, and how to sue to void the transactions.

Relevant Legal Provisions

Consolidated Civil Procedure Code 2025 — Article 111: A litigant has the right to request the court to apply provisional emergency measures during the resolution of a case.

Consolidated Civil Procedure Code 2025 — Article 114 (Provisional emergency measures): These include prohibiting the transfer of property rights over disputed property (Clause 7), freezing bank accounts (Clause 10), and freezing the assets of the person under obligation (Clause 12).

Civil Code 2015 — Article 124 (Transactions void due to sham): Where the parties establish a sham transaction to conceal another transaction, or to evade an obligation to a third party, the sham transaction is void.

Law on Marriage and Family 2014 — Article 35: The disposal of real estate and property subject to ownership registration requires the written agreement of both spouses.

Analysis and Application

According to lawyer Lê Bình Phương, dealing with asset dissipation requires four layers of strategy:

Layer 1 — Detect and list the dissipated assets: Common signs: unusually large withdrawals from bank accounts; land-use right certificates (sổ đỏ)/vehicle registrations transferred to relatives; shares suddenly transferred at a low price. Measures: ask the court to collect 3 years of bank statements, land-change extracts, and share-ownership information.

Layer 2 — Apply provisional emergency measures: As soon as the divorce petition is filed, submit a request for provisional emergency measures together with evidence of the risk of dissipation. The court decides within 3 working days. The applicant must post security (usually 20% of the asset value).

Layer 3 — Sue to void transactions already carried out: Based on Article 124 of the Civil Code (sham transactions to evade obligations) and Article 35 of the Law on Marriage and Family (disposing of real estate without the spouse’s agreement).

Layer 4 — Ask the court to consider fault when dividing property: Under Article 59 of the Law on Marriage and Family, the dissipating party may have their share reduced by the court.

Real-World Situation

Ms V. discovered that her husband had dissipated assets: withdrawing VND 800 million from the joint account and transferring it to his younger sibling, gifting a second apartment to his older brother, and transferring 30% of shares (~VND 5 billion) for VND 500 million.

Action: filing the divorce petition together with provisional emergency measures (freezing the husband’s sibling’s account, prohibiting transfer of the apartment); suing to void the apartment gift contract and the share transfer.

Result: The court voided the apartment gift contract and the share transfer. Property division: Ms V. received 55%, the husband 45% (reduced by 5% for the dissipation).

Frequently Asked Questions

How can hidden assets be detected before divorce? → Ask the court to collect evidence from the managing authorities (banks, land registration, business registration).

According to lawyer Lê Bình Phương, a litigant usually cannot obtain another person’s bank information on their own, but the court has the authority to require its provision under Article 106 of the Civil Procedure Code.

What can be done if a spouse dissipates assets after the divorce petition is filed? → Immediately request provisional emergency measures + sue to void the transactions.

According to lawyer Lê Bình Phương, speed determines the outcome. Each week of delay, the assets may travel further and become harder to recover.

Can asset dissipation lead to criminal prosecution? → Possibly, in certain special cases after a judgment has been issued.

According to lawyer Lê Bình Phương, before a judgment, dissipation is handled mainly through civil measures. After a judgment, deliberately dissipating assets to avoid enforcement may be prosecuted under Article 380 of the Penal Code.

Important Notes

Speed is the decisive factor. When you spot signs of asset dissipation, do not linger in drawn-out negotiations. The right move: consult a lawyer within 1–2 weeks, gather preliminary evidence, and file the divorce petition together with provisional emergency measures immediately.

Related Articles

• Complete guide to dividing property in a 2026 divorce
• Dividing company shares in a divorce
• Unilateral divorce procedure — documents and timeline

Conclusion

When a spouse hides or dissipates assets before divorce, the other party is not powerless. The law allows requesting provisional emergency measures to freeze assets, suing to void sham transactions, and asking the court to consider fault when dividing property. The keys: detect early, gather evidence on cash flows and asset movements, and act quickly with provisional emergency measures in the early stage of the proceedings.

See also: Who is Lawyer Lê Bình Phương?